Legal Question in Landlord & Tenant Law in New York

In NY State after a landlord serves a tenant with a 30 day notice to vacate (before the end of the lease term), should the landlord accept or reject payment of rent if tenant attempts to pay rent after the 30 days have expired.


Asked on 2/07/12, 2:13 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Generally, payment by the tenant of the month rent and accepted by the landlord rescinds the 30 day notice.

Frankly, landlord / tenant laws are complicated and the landlord should retain counsel for the eviction. If you want, you may contact this office. 516-295-9061.

Mike.

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Answered on 2/07/12, 2:39 pm
Steven Czik CZIK LAW PLLC

Mike is correct. Acceptance of the rent nullifies the Notice. As New York State law is very specific as to the exact wording required in these Notices and the manner in which they must be served upon the tenant, it is highly advisable to retain the services of an attorney experienced in these areas. A small mistake can set you back months in the process. We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 2/07/12, 3:01 pm


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